DIY wills

Brie

I know the standard advice is to get a lawyer to do wills but I admit that I'm cheap so am wondering if we can do this ourselves.

Us - me and OH (we're married) and OH's mom all live together.

Legally it's me and OH that own the house though MiL did contribute so fair says it's partially hers.  There are no children and OH has no siblings.  I have siblings (with families) and my mom who live in a different country.

So as far as I can see OH & MiL could have very simple wills as follows...

for OH - all my worldly goods and possesions go to Brie.  Should Brie predecease me they go to mom.

for MiL - all my worldly goods and possessions go jointly to Brie & OH or which ever is still alive at my death.

Mine would be a little more complicated

- all my worldly possessions go to OH with exception of items named in my letter of intent (personal family items listed for nieces, nephews).  Should OH predecease me all my worldly goods and possessions to my family unless MiL is still alive wherein she would have leave to remain living in our house as long as she has need or is able at which point it would go to my family.

An executor would need to be named - me and OH as appropriate and perhaps OH's cousin for the UK and one of my siblings from Canada (on a either or basis)

And store for £20 each with the probate service.

OK - so what are the flaws?  Happy if OH & MiL also want letters of intent.  Obviously they will have to agree to what's written as well.

No need to consider any benefits/care/etc at this point.  And not in the future as far as I'm aware.

flossy_splodge

The next month that you can hook into 'free wills' is November so not far away then you would have the protection of a will written by an expert and at little or no cost.

The idea is you leave a bequest to the organisation funding the solicitors but the size of that bequest is up to you.

I certainly would not, in your circumstances do it yourself.

Sorry.

maman

I definitely agree with @flossy_splodge. Look up which solicitors in your area are participating in Free Wills month.

I can see potential problems already in what you propose. For example, who specifically in your family? Separate bequests to named persons or a percentage split between siblings or what?

Sometimes cheap isn't always best. 

Keep_pedalling

Don’t even try it, get it done properly. All 3 of you need wills, and you really should review the ownership of the house.

Care could be an issue as far your MIL is concerned as it appears she has gifted you a sum of money for the house, which could be seen as deliberate deprivation off assets.

Mojisola

The savings you would make now by DIYing are nothing compared to the potential costs run up after your death while beneficiaries argue about the exact meaning of your complicated will. 

thegreenone

for OH - all my worldly goods and possesions go to Brie.  Should Brie predecease me they go to mom.

What happens to them if Mom has already gone?  Who do they go to?

Brie

thanks all for helping me clarify some thoughts.  

it's highly unlikely that i could get OH to a lawyer especially to talk about a will.  even talking about it is very difficult due to being superstitious.  (I take the insurance view, if you get it you won't need it.  OH takes the opposite - if you discuss it it will happen)

what would happen if i managed to get some ideas from OH & MiL and then had the wills drawn up by a lawyer without them present?  I know that would probably look very suspicious to some.  And obviously they would need to be signed and witnessed.

currently the only one of us with a will is MiL which was a mirror to FiL with the priviso that OH would inherit in the present circumstances (FiL is deceased).   I'm not overly worried about this beyond the vague possibility that should OH go first and then her perhaps her ££ would go to cousins.  It's not a huge amount and likely to be gone but who needs to the fuss. 

Thanks all - I'll keep mulling it all over.....

MovingForwards

A lawyer will not draft anything on your say so, it has to come from MIL and OH.

As said above, wills week is coming, there's also a few charities who do them throughout the year.

Maybe lead by example, get yours done, don't immediately die and your OH may change her mind and follow your lead. At the very least you should get yours done.

Lara94

Don't skimp on this just to save a couple of hundred pounds - it's too important. I like the analogy of fixing your own car - you can watch hours of Youtube videos on it, but is it advisable to go and fix your own brakes? It might seem like a drastic comparison but legal problems in the future could be a huge headache for your family. Get it done properly.

olgadapolga

Brie said:

it's highly unlikely that i could get OH to a lawyer especially to talk about a will.  even talking about it is very difficult due to being superstitious.  (I take the insurance view, if you get it you won't need it.  OH takes the opposite - if you discuss it it will happen)

Perhaps you should remind your OH that, unfortunately, death is a certainty for all of us anyway, so discussing it isn't going to change that inevitability.

Of course, if he's happy for the intestacy rules to apply to his estate when he dies then so be it. 

Brie

olgadapolga said:

Perhaps you should remind your OH that, unfortunately, death is a certainty for all of us anyway, so discussing it isn't going to change that inevitability.

Of course, if he's happy for the intestacy rules to apply to his estate when he dies then so be it. 

Actually I think intestacy rules makes a better argument as the OH wouldn't be pleased with our tiddly estate going to rich cousins who benefited when MiL was done out of inheriting from her parents.